Court Declares Statutory Delegates Constitutionally Eligible To Vote

A Federal High Court sitting in Kano has ruled that statutory delegates are constitutionally qualified to participate in all meetings, congresses and conventions of any registered political party in Nigeria.

The National Assembly had last month amended Section 84(8) of the Electoral Act to permit automatic or statutory delegates to vote in primaries.

Statutory delegates include, ward, local government, state and national executives of the party, including past executives, as the guidelines of the party deem fit.

Others include, the President, Vice President, former Presidents, former vice Presidents who are members of the party; Governors, deputy Governors, former Governors, former deputy Governors, Council Chairmen, serving Councilors and past Council chairman who are members of the party, as may be decided by party guidelines.

President Muhammadu Buhari however, didn’t assented to the bill.

An ex-lawmaker, Senator Mas’Ud Doguwa; and two others, Habibu Sani and Biliyaminu Shinkafi, had in a suit marked FHC/KN/CS/13712022, asked the court to determine if Section 84(8) of the Act actually bars statutory delegates from voting.

Delivering judgment on the suit, the presiding judge, Justice A.M Liman, held that, “Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting, by virtue of Section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressive Congress (APC) Constitution, which allow Statutory Delegation to vote at convention, congress or meeting.”